Konstantin Linnik, JD, PhD
Nutter McClennen & Fish LLP

Nutter McClennen & Fish LLP
155 Seaport Boulevard
Boston, MA 02210, United States
Phone: 617-439-2000
Areas of Practice
  • Intellectual Property
Ariova v Sequenom

Nutter Attorneys Represent Seven Major International Biotech Industry Associations at the U.S. Supreme Court

Amici Urge the Court to Reconsider Patent Eligibility Standard That is Hindering Development of Diagnostics and Life-Saving Medicines April 22, 2016, Boston, MA--A broad coalition of the biotechnology industry associations…more

“II Ca-Be-lly, or Not II Ca-Be-lly?”: Is The Famous Cabilly II Antibody Patent Near Extinction?

On February 5, 2016, the Patent Trial and Appeal Board (“PTAB”) issued a decision to institute an Inter Partes Review (“IPR”) of Genentech’s “Cabilly II” patent (U.S. Patent No. 6,331,415). This triggered the one-month deadline…more

Who Owns Your Brain According to the Contract You Signed?

Whether you are dealing with a “simple” confidentiality agreement, a consulting agreement, or a multi-billion-dollar license, legal provisions are often a source of misunderstanding, confusion and frustration. Thinking about…more

The Latest in The §101 Saga: Sequenom Petitions the Federal Circuit to Reconsider

The Federal Circuit's Ariosa v. Sequenom decision issued earlier this summer marked the apex of the current trend to limit the scope of patent eligible inventions; the trend which is particularly troubling in the case of…more
Ariosa v Sequenom


The BioIndustry Association (“BIA”) is a United Kingdom trade association of over 300 member organizations working in research and development (“R&D”) and manufacturing in the bioscience sector.1 BIA members include emerging…more

FDA Issues Draft Guidance on Regulatory Exclusivity for Biologics

August 13, 2014 Advisory On August 4, 2014, the US Food and Drug Administration (FDA) released Draft Guidance on determining eligibility of a biological drug for regulatory exclusivity. Under the Public Health Service Act…more

Consumer Watchdog Puts a Leash on Appealing USPTO Decisions to Federal Court

Despite being dismissed by the Federal Circuit before reaching its highly anticipated substantive issues regarding patent eligibility, the ruling in Consumer Watchdog v. Wisconsin Alumni Research Foundation nonetheless…more

Whose Invention Is It Anyway? Or, “Should I Throw Away My Lab Notebook?”

On July 17, 2014, MassBio will host an expert panel “Best Practices in Protecting and Exploiting Intellectual Property.” Among other topics, the panel will discuss the new US patent system, the first inventor to file (“FITF”)…more

FDA Issues Draft Guidance on How to Demonstrate Biosimilarity

New draft guidance released by the FDA on May 13, 2014 will assist drug companies in determining whether a proposed therapeutic biological product is “biosimilar” to its reference product. “Biosimilarity” under Section 351(k) of…more

USPTO Issues Guidance in View of Myriad and Prometheus

On March 4, 2014, the U.S. Patent and Trademark Office (USPTO) published the long-awaited Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products…more

The Myriad Decision: Has the Dust Settled Yet?

Six months ago, the United States Supreme Court shook up the biotechnology industry by ruling that genetic sequences are not patent eligible “simply because they have been isolated.” AMP v. Myriad Genetics, 569 U.S. 12-398 (June…more

Are Combination Drugs in Danger After the Federal Circuit’s Novo Nordisk Decision?

The Federal Circuit rendered a decision in Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd. on June 18, 2013, finding that a Novo Nordisk diabetes treatment patent involving the combination of the drugs metformin and…more
 /  Intellectual Property

The Myriad Ruling: 6 Points Every Biotech CEO Must Consider

Last week, the US Supreme Court issued a long-awaited decision in Myriad Genetics, which sent shockwaves through the very foundation of the biotech industry. The decision invalidated one of Myriad’s patents on mutated BRCA-gene …more
 /  Constitutional Law, Health, Intellectual Property, Privacy

Supreme Court Unanimously Rules That “Gene Patents” Are Invalid

In a highly anticipated decision issued today in Association for Molecular Pathology v. Myriad Genetics, the Supreme Court unanimously ruled that isolated DNA sequences are not eligible for patent protection. The Court…more
 /  Intellectual Property

The Perils of Claiming Open-Ended Ranges – A Reminder Courtesy of the Federal Circuit

Patent prosecutors drafting claims that recite open-ended ranges (e.g., at least 10%, greater than 5 units) were again warned of the perils of claiming more than has been disclosed. In a recent decision by the Federal Circuit,…more
 /  Intellectual Property
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